Terms of Use

Welcome to the Sunday collective website, operated by jd link, inc., a new York corporation (“company” or “we” or “us” or “our”), and located at www.thesundaycollective.com (the "website"). The following terms and conditions (“terms”) govern your use of the website. If you do not agree to these terms, you should not access or use the website. We reserve the right to make changes to the website and to these terms from time to time.

By accessing, viewing, or using the content, material, products, or services available on or through the website, you certify that you have read, understand, and agree to be legally bound by these terms, which include an arbitration agreement, as well as our privacy policy, each of which is incorporated by reference as if fully set forth herein. This website is offered and available to users who are 18 years of age or older. By using this website, purchasing products on or through the website, or registering for an account on the website, you represent and warrant that you are of legal age to and have the requisite capacity and authority to form a binding contract with us. If you do not meet these requirements, you must not access or use the website, purchase any products offered on or through the website, or register for an account on the website. You understand and agree that your use of the website or any content, material, products or services made available on or through the website (collectively, the "products” or “services") signifies that you fully accept and agree to these terms.

1. Ownership

We own or license all information and materials, including logos, designs, titles, phrases, product names, images, illustrations, icons, photographs, and the copyrights, trademarks, service marks, trade dress, and other intellectual property rights associated therewith, in or made available through the website (the “website content”), as well as the copyright selection, coordination, arrangement, and organization of the website content, and all html, cgi and other code and scripts in any format used to implement the website (the “code”). All website content and code is protected pursuant to copyright, trademark, patent, and other applicable laws. You agree that you will not remove or alter any copyright notice or any other proprietary notice on any website content. All names, trademarks, symbols, slogans, or logos appearing on the website are proprietary to company or our affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the website content and/or code, other than the right to use the website content and/or code in accordance with these terms.

2. Registration and account set-up

In order to access the products and services on the website, you may be asked to register and create an account. As part of the registration process, you may be asked to click to agree to these terms, and may then be asked to select or submit a username and password. It is your responsibility to make sure that your password and account login are kept confidential and secure at all times. We are not responsible for any misuse of your account. You may also be required to provide us with certain information about yourself including some types of personally identifiable information, including your legal name, phone number, address, email address, gender, and age.

When placing an order through the website, you will be required to provide other personal information, such as shipping address, billing address, and payment details. Additional information may be collected by company or its third-party providers at this time for security and anti-fraud purposes. You represent that the personal information you provide to us via the website is truthful and accurate in all respects, and you confirm that you are the person referred to in the shipping (unless the item is a gift) and billing information provided. If any of the information that you provide us with via the website changes, please login to your account and update such information directly on the website.

Any personal information that you provide to us via the website is subject to our privacy policy.

3. Purchases

3.1 products and pricing. All products listed on the website are subject to change, as is product information, pricing, and availability. In the event a product is listed at an incorrect price or with incorrect information, we shall have the right, prior to the acceptance of your order, to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card or other payment processing account or digital wallet such as PayPal, google pay, apple pay, etc.… (“other account”) has been charged. If your credit card or other account has already been charged or debited for the order and we cancel your order, we will issue a credit to your credit card account or such other account in the amount of the charge.

3.2 payment terms. For each product you order on the website, you agree to pay the price applicable for the product as of the time you submitted your order (“product price”), the delivery fees for the delivery service you select (“delivery fees”), and any applicable taxes (defined below). Company will automatically bill your credit card or other account submitted as part of the order process for such amounts within approximately five days of the order date, and you hereby authorize us to do so. Your payment will be processed in usd$. If your order is being shipped to an address outside of the us, your total price may differ depending on variations in currency conversion rates and any foreign transaction fees applied by your payment provider. You will be solely responsible for payment of all taxes (other than taxes directly imposed on company’s business activity in a state, such as income taxes), fees, duties, and other governmental charges, and any related penalties and interest, arising from the product purchase (“taxes”) not withheld by company. All payments are non-refundable (except as expressly set forth in section 3.1 and 3.3).

3.3 orders. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until it is shipped (or a portion of the order is shipped). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is that we (a) issue a credit to your credit card or other account in the amount charged for the cancelled portion (if you’ve already been charged for the order) or (b) not charge your credit card or other account for the cancelled portion of the order. Orders placed using an other account may be processed upon submission, and funds may be transferred from your other account immediately. This does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right to decline or cancel your order as defined in sections 3.1 and 3.3. This section does not alter or amend any other sections of this agreement.

3.4 shipping policy. Any delivery dates provided by company are estimates. We reserve the right to make deliveries in installments. Company will send you an email when your order has shipped and you may review your order and shipping & handling information on your account page.

1. United states shipping: we ship within the united states (including Alaska, Hawaii, Puerto rice and apo/fpo/dpo addresses), to Europe, and many other countries throughout the world. Products shipped to Alaska, Puerto rice and Hawaii will be shipped via standard shipping only. Products shipped to apo/fpo/dpo addresses will be shipped by regular standard shipping with no expedited delivery options.

2. International shipping: all international shipping is considered ddu (duty & tax unpaid), which means that the customer is responsible for paying any import duties, taxes and brokerage fees imposed by their destination country. If the customer does not pay for the duties, taxes and fees, the customer is responsible for the return shipping cost. International orders may require 3-5 business days or more of additional processing time prior to shipment.

Legal title to, right of possession, and risk of loss or damage to or destruction of the products purchased shall transfer to customer upon company’s delivery to carrier at shipping point.

3.5 returns. We accept returns of items up to 14 days from the date you received the order.

You can request a return by visiting https://thesundaycollective.com/pages/returns-exchanges or emailing support@thesundaycollective.com with order confirmation number, description of item, and reason for return.

If you wish to change the size of an item, please place a new order, and return the original order. When returning an item, please make sure to place item in original polybag to ensure your complete refund. If item is not returned in original polybag, item will not be accepted. Once you receive shipping and return labels, place shipping label on the outside of the package and completed return label inside with returned item.

Upon receiving the returned item, item(s) will be thoroughly inspected for any signs of wear and/or defects. We will not accept returns if the item has been used, washed, damaged or missing any labels, price tags, and original polybag. If the condition of the returned item is not in the original condition, we reserve the right to refuse any refund. Please note we cannot be held responsible for articles that are lost or damaged during transport.

Once the return is inspected and approved, we will issue a refund to your account within a reasonable amount of time. For us orders, we offer free return shipping. For international orders, we accept returns, but customers are responsible for shipping and duty costs. Return policies do not apply to final sale items.

4. General restrictions on use

You agree to use the website in a manner consistent with all laws and regulations and in accordance with these terms. You may only use the website and services for your non-commercial, non-exclusive, non-assignable, non-transferable, and limited personal use, and for no other purposes. Except as expressly and unambiguously permitted in these terms, you may not, nor may you permit anyone else to, directly or indirectly:

· Use any manual process or robot, spider, scraper, or other automated means to collect information from the website or from users of the website.

· Copy, modify, republish, or repost, distribute, or otherwise exploit the website content or information from the website.

· Mirror any website content contained on this website or any company server or use framing techniques to enclose the website or any part of the website or circumvent any of the technical limitations of the website.

· Perform or attempt to perform any actions that would interfere with access to or operation of the website;

· Change or delete any ownership notices from any website contents or the website;

· Use the website in a way that violates law, would create liability, or promote illegal activities;

· Reproduce, duplicate, copy, sell, trade, or resell any aspect of the website or the services for any purpose;

· Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by company in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos;

· Transmit files or messages containing computer viruses or worms, trojan horses, or “spyware” programs;

· Impersonate any person or entity, misrepresent yourself or your entity, or attempt to use another user's account; or

· Use the website or post anything to the website for commercial activities such as contests or advertising.

Certain features of the website may allow you to contribute feedback and other information to the website for access, use, viewing, and commentary by other users of the website (collectively, “comments”). By posting comments, you represent that you have the full legal right to provide the comments and that use of the comments by company on the website, and all other persons and entities, will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party. Upon your submission of comments or other material or information to company, you grant company a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the comments, all without any compensation to you whatsoever. For avoidance of doubt, company shall be under no obligation: (1) to maintain any comments in confidence; (2) to compensate you in any way for your comments; or (3) to respond to any comments.

5. Errors, inaccuracies, and omissions

Our product information is provided for informational purposes only. While we attempt to provide accurate and timely information, occasionally there may be information on the website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to make corrections and changes to the website at any time without notice. Some products described in the website may not be available in your region. Company makes no claim that the information in the website is appropriate to your jurisdiction or that the products described in the website will be available for purchase in all jurisdictions.

We reserve the right to withdraw access to the website and revise the services and products described in the website at any time without notice.

6. Disclaimers and warranties

Visitors assume all responsibility and risk with respect to their use of the website. To the fullest extent permitted by applicable law, company disclaims all warranties, representations and endorsements, express or implied, with regard to information accessed from or via the website, including but not limited to all express and implied warranties, such as warranty of title, merchantability, non-infringement and fitness for a particular purpose. Company does not warrant that the website is free of computer viruses, bugs or other harmful components or that the functions contained in the material will be interrupted or error-free or that errors will be detected or corrected. Company assumes no liability or responsibility for the accuracy, completeness, reliability or usefulness of the information disclosed or accessed through the website. Company does not have any duty to update the website or modify its content or code, and company shall not be liable for its failure to update such information. It is your responsibility to verify any information contained in the website before relying upon it.

In no event shall company be liable for any direct, special, indirect or consequential damages, or any other damages of whatever kind resulting from whatever cause, including but not limited to loss of use, loss of profits, loss of data or any other type of damage, tangible or intangible in nature, whether in an action under theories of contract, tort or otherwise, arising out of or in any way relating to the use or performance of the information on, or accessed through, the website.

You understand that the technical processing and transmission of any website content and comments may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. We do not guarantee that any information sent to or from our website will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to us via the website or the internet, including, for example, personal information such as your name or address. Company assumes no responsibility for: (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; and (b) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or the website, including any injury or damage to you or to any person’s computer related to or resulting from use of the services or the website.

No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the website, website content and/or services except to the extent that they are expressly set out in these terms.

If you are dissatisfied with the site, the services, or the terms of use, your sole and exclusive remedy is to discontinue using the site and services.

7. Links to third-party sites

The website may contain links or references to other websites outside of our control. These websites may send cookies to you and may collect personally identifiable information about you and make use of that data in ways that this website would not. Please be aware that company has no control over these websites and that these terms do not apply to any third party sites. Company cannot be held responsible for those sites or external sources, or for any damage or losses deriving from the use of the content, or goods and services available on those sites or external sources. Company encourages you to read the privacy policies and terms of use linked or referenced in the websites you enter.

8. Indemnity

You agree to defend, indemnify and hold harmless company, its officers, directors, members, employees, agents, affiliates, licensors and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the website and services; (ii) your violation of any of these terms, including the privacy policy; (iii) your violation of any third party rights, including without limitation any copyright, intellectual property, or privacy rights; or (vi) the use by any other persons accessing this website using your internet account or account login. This defense and indemnification obligation will survive these terms and your use of the website and services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate in all reasonable respects in such defense. You may not settle any claim contemplated in this section 8 without the prior written consent of company.

9. Copyright complaint procedures

We respect the intellectual property of others, and we ask our users and visitors to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information required by the online copyright infringement liability limitation act of the dmca, 17 u.s.c. § 512 (“dmca”). Please be advised that to be effective, the notice must include all of the following:

· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

· Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;

· Information reasonably sufficient to permit us to contact the complaining party;

· A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

· A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement and counter-notices should be directed to:

By mail:
Copyright agent
The Sunday collective
1407 Broadway, suite 3507
New York, Ny 10018

By email: support@thesundaycollective.com

(for both mail and email notices, please include “notice of infringement” in the subject line.)

10. Dispute resolution

You agree that any dispute or claim arising out of these terms will be resolved by binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify. Arbitration shall be initiated through the American arbitration association (“aaa”), an established alternative dispute resolution provider (“adr provider”) that offers arbitration as set forth in this section. If aaa is not available to arbitrate, the parties shall agree to select an alternative adr provider. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights under this contract. You agree that the federal arbitration act and federal arbitration law apply to this agreement.

For all disputes--whether pursued in small claims court or arbitration--you must first give us an opportunity to resolve your claim by sending a written description of your claim by certified mail to the Sunday collective, 1407 Broadway, suite 3507, new York, Ny 10018 or by email to support@thesundaycollective.com, read receipt requested. We each agree to negotiate your claim in good faith. If we are unable to resolve the claim within 60 days after we receive this claim description, you may pursue your claim in arbitration.

The rules of the ADR provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the terms. The AAA consumer arbitration rules (“arbitration rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than ten thousand U.S. dollars (us $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is ten thousand U.S. dollars (us $10,000.00) or more, the right to a hearing will be determined by the arbitration rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the united states, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearing. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that company made to you prior to the initiation of arbitration, company will pay you the greater of the award or $2,000. The arbitrator will decide the substance of all claims in accordance with the laws of the state of new York. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

The cost of the arbitration proceeding, including, without limitation, each party's attorneys' fees and costs, shall be borne by the unsuccessful party or, at the discretion of the arbitrators, may be prorated between the parties in such proportion as the arbitrators determine to be equitable and shall be awarded as part of the award.

Restrictions on arbitration: all disputes, regardless of the date of accrual of such dispute, shall be arbitrated on an individual basis. Any disputes you may have against company, its affiliates, subsidiaries, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns you hereby agree to bifurcate and arbitrate against them individually in new York. You are waiving your right to participate in a class action lawsuit, and to certain discovery and other procedures that are available in a lawsuit. You and company agree that the arbitrators have no authority to order consolidation or class arbitration or to conduct class-wide arbitration proceedings, and are only authorized to resolve the individual disputes between you and company, its affiliates, subsidiaries, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns. Further, you will not have the right to consolidation or joinder of individual disputes or arbitrations, to have any dispute arbitrated on a class action basis, or to participate in a representative capacity or as a member of any class pertaining to any claim subject to arbitration.

Notwithstanding the foregoing, claims of defamation, violation of the computer fraud and abuse act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this arbitration agreement.

In any circumstances where the foregoing arbitration agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within new York county, new York, for such purpose.

11. Miscellaneous

We control and operate the website from the united states, and all information is processed within the united states. We do not represent that materials on the website are appropriate or available for use in other locations.

You agree to comply with all applicable laws, rules and regulations in connection with your use of the website.

These terms, including the privacy policy, constitute the whole legal agreement between you and company and govern your use of the website, services and any transactions you may have with company through the website and supersedes any prior written or oral agreements or understanding, arrangements, undertaking or proposal, between you and company in relation to such matters. In the event any other rule, code of conduct, or other matter posted on the website conflicts with the terms of these terms, these terms shall govern. No oral explanation or oral information given by any party shall alter the interpretation of these terms.

The terms and any action related thereto will be governed and interpreted by and under the laws of the state of new York, consistent with the federal arbitration act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The united nations convention on contracts for the international sale of goods does not apply to these terms.

You agree that if company does not exercise or enforce any legal right or remedy which is contained in these terms (or which company has the benefit of under any applicable law), this will not be taken to be a formal waiver of company’s rights and that those rights or remedies will still be available to company. If any court of law, having the jurisdiction to decide a matter arising out of these terms, rules that any provision of these terms is invalid, then that provision will be removed from these terms without affecting the rest of the terms and the remaining provisions will continue to be valid and enforceable.